News & Analysis as of

Personal Jurisdiction Corporate Officers

Allen Matkins

Does Delaware Have Personal Jurisdiction Over Controlling Stockholders?

Allen Matkins on

Delaware Chancellor Kathaleen St. J. McCormick's decision to set aside Elon Musk's multibillion dollar compensation package with Tesla, Inc. has garnered widespread in the general and legal press.  Tornetta v. Musk, 2024 WL...more

Allen Matkins

Why You May Not Want To Be A "Guiding Spirit"

Allen Matkins on

Last week, I wrote about California Labor Code § 558.1 which provides that an owner, director, officer, or managing agent of an employer (a "person acting on behalf of an employer") may be liable "as the employer" for...more

Morris James LLP

Court Finds LLC Manager Consent Statute Authorizes Personal Jurisdiction for Tort Claims Related to the Company, Not Just Alleged...

Morris James LLP on

CLP Toxicology, Inc. v. Casla Bio Holdings LLC, C.A. 2018-0783-PRW (Del. Ch. Jun. 29, 2020) & NC18C-10-332 PRW CCLD (Del. Super. Jun. 29, 2020) - In both the corporation and LLC contexts, Delaware law employs consent...more

Allen Matkins

Cede Freeze Fails To Kindle Personal Jurisdiction In Nevada

Allen Matkins on

Many may have heard of Cede and Company, but what exactly is it and who owns it? Cede is a New York partnership, of which Depository Trust Company and The Depository Trust and Clearing Corporation are partners. The former,...more

Allen Matkins

Federal Court Rules “Mere Affiliation” Is Insufficient To Establish Personal Jurisdiction

Allen Matkins on

Nearly four years ago, I wrote about a Nevada Supreme Court decision holding that Nevada courts can exercise personal jurisdiction over nonresident officers and directors who directly harm the corporation. Consipio Holding,...more

Morris James LLP

Delaware Supreme Court Clarifies Director/Officer Implied Consent Statute and Rejects Hana Ranch

Morris James LLP on

Rejecting the Court of Chancery’s narrow reading of the director/officer implied consent statute in Hana Ranch, Inc. v. Lent, 424 A.2d 28, 30 (Del. Ch. 1980), an interpretation that had been followed by lower courts for...more

Holland & Knight LLP

Ninth Circuit Holds That "Tag Jurisdiction" Does Not Apply to Corporations - The Court's Decision Limits Personal Jurisdiction...

Holland & Knight LLP on

Following closely on the heels of the U.S. Supreme Court's landmark personal jurisdiction decision in Daimler AG v. Bauman, the U.S. Court of Appeals for the Ninth Circuit has issued a decision that further reinforces the...more

Allen Matkins

Court Rules LLC Form Provided No Fiduciary Shield To Personal Jurisdiction

Allen Matkins on

Last Friday’s post concerned whether a plaintiff could establish jurisdiction by tagging a corporate officer attending a conference in California. The question was whether a corporation is present wherever its officers are...more

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